210. With regard to particular legislative reforms, the representative informed
the Committee that the Federal Executive had endorsed a number of proposals made
by the National Commission on Human Rights, which had led to changes in the
Federal and State Penal Codes and in the Federal and Federal District Codes of
Penal Procedure and that those changes had been approved by Congress. Following
another proposal by the Commission, draft legislation had been introduced to
amend the Federal Act on the Responsibilities of Public Servants with a view to
making it obligatory for the latter to provide information that the Commission
requested in the course of its investigations. The representative also informed
the Committee that the Congress had found it necessary to amend the 1986 Federal
Act to Prevent and Punish Torture. This had resulted in the introduction of the
new Federal Act to Prevent and Punish Torture which had expanded the procedural
rights of persons under investigation for an offence and made provision for the
benefits of a pardon or amnesty to be extended to the most needy. The new Act
also provided for the non-admittance as evidence of both confessions made to
police authorities and statements made to the Public Prosecutor’s Department or
judicial authority without the presence of the accused person’s defence counsel
or confidant, and where appropriate, interpreter. In addition, the new Act
provided for the harsher penalization of those found guilty of torture, through
the imposition of a possible 3-to-12-year prison sentence and their obligation,
in certain cases, to meet the legal advice, medical and other costs incurred to
provide redress for injury and compensation to the victim or his dependants.
211. With regard to administrative reforms, the representative made mention of
the various programmes and procedures which had been introduced by the Attorney
General’s Office to ensure better treatment of detainees and respect for their
human rights. Such action included the establishment of an Internal Control
Unit, within the Office of the Attorney General, to detect, investigate and
punish torture in order to prevent the impunity of offenders.
212. Finally, the representative provided details of the breakdown of the number
of complaints of torture during the period from June 1990 to June 1992, which
indicated that such complaints had fallen in number. He also made mention of
the number of investigations, criminal proceedings and recommendations for
action which had emerged from complaints of human rights violations. In this
regard, he stated, inter alia, that from June 1990 to May 1992 the Commission
had made 34 recommendations concerning torture to the Attorney General’s Office.
In 13 cases, criminal proceedings had been instituted. Those 13 cases had
involved 37 public officials who had been imprisoned pending trial.
213. The members of the Committee expressed appreciation to the State party for
its informative report and introductory statement. They also welcomed the
various measures taken by the State party to combat torture which, they
considered, were a reflection of its political commitment to comply with the
provisions of the Convention. However, they expressed concern at the repots
they had received from non-governmental organizations which appeared to point to
the continued practice of torture, particularly by the judicial police. It also
appeared that confessions occupied an important place in the system of evidence
and that the police felt obliged to obtain confessions even through means of
torture. In this connection, it was stated, inter alia, that an example of that
endemic practice was that State officials prosecuted for having practised
torture themselves complained that they were forced to confess under torture.
Members of the Committee observed with concern that the judicial police, in
particular those officials who were responsible for acts of torture, seemed to
enjoy a high degree of impunity in Mexico.
214. With regard to matters of a general nature, members of the Committee
requested clarification on how legislation and other measures were actually
applied under the Mexican federal system. They also requested further
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